Officiali Liquidator Of M/S Gujarat Communication And Electronics LTD. (In Liqn) vs. Na

OLR/146/2019HC GujaratGSTCNR GJHC24066400201921 October 2019Bench: HONOURABLE THE ACTING CHIEF JUSTICE MR. JUSTICE A.J.DESAI1 pages

AI SummaryRemanded

Held

The High Court accepted the Official Liquidator's Report in terms of Paragraph No. 8(a). The Court directed that an amount of Rs. 6,15,000/-, excluding GST, shall be paid to the Chartered Accountant towards their professional fees. This payment is to be made via RTGS after proper verification. The Court considered the quantum of work carried out by the Chartered Accountant and the funds available with the company in liquidation. The Official Liquidator's Report was disposed of in light of this direction. No specific issue regarding GST applicability or calculation was adjudicated upon; rather, the amount was approved excluding GST, with the implication that GST would be paid separately or as applicable.

Facts

This matter concerns an Official Liquidator's Report filed by the Official Liquidator of M/s. Gujarat Communication and Electronics Ltd. (in liquidation). The report sought approval for payment of professional fees to a Chartered Accountant for work undertaken. The company is in liquidation. The Official Liquidator requested payment of Rs. 6,15,000/- plus applicable GST for the services rendered by the Chartered Accountant. The Court considered the quantum of work performed and the funds available with the company.

Key Issues

1. Whether the professional fees of Rs. 6,15,000/- plus GST, as claimed by the Chartered Accountant for services rendered to the company in liquidation, are to be approved for payment, considering the available funds and the work performed? (Mixed question of law and fact). Petitioner's Contention: The Official Liquidator, representing the company in liquidation, argued that the Chartered Accountant had carried out significant work and that the available funds were sufficient to cover the professional fees. The Official Liquidator sought approval for the payment as per the report. Revenue's Contention: The judgment does not record any specific arguments or contentions from the revenue or state. The matter appears to be an administrative or procedural one before the High Court concerning the liquidation process.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances

C/OLR/146/2019 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/OFFICIAL LIQUDATOR REPORT NO. 146 of 2019 ============================================= OFFICIALI LIQUIDATOR OF M/S GUJARAT COMMUNICATION AND ELECTRONICS LTD. (IN LIQN) Versus NA ============================================= Appearance: MR SAURABH M PATEL(5019) for the Applicant(s) No. 1 OFFICIAL LIQUIDATOR(16) for the Applicant(s) No. 1 for the Respondent(s) No. 1 ============================================= CORAM: HONOURABLE MR.JUSTICE A.J.DESAI Date : 21/10/2019

ORAL ORDER Having heard learned advocate Mr. Saurabh Patel appearing for the Official Liquidator of M/s. Gujarat Communication & Electronics Ltd. and considering the quantum of work carried out by the Chartered Accountant and the funds available with the company, the present Official Liquidator Report is accepted in terms of Paragraph No.8(a) of the Official Liquidator Report. The amount of Rs.6,15,000/ excluding GST shall be paid to the Chartered Accountant towards profess

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